State v. Easy Bail Bonds

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IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE STATE OF ARIZONA, ) ) Appellee, ) ) v. ) ) EASY BAIL BONDS, LLC. and SAFETY ) NATIONAL CASUALTY CORPORATION, ) ) Appellants. ) ) ) ) ) ) ) ) ) ) ) ) __________________________________) DIVISION ONE FILED: 01/19/2010 PHILIP G. URRY,CLERK BY: RWillingham No. 1 CA-CV 09-0059 1 CA-CV 09-0060 1 CA-CV 09-0061 1 CA-CV 09-0062 1 CA-CV 09-0159 (Consolidated) Maricopa County Superior Court No. CR2007-148039-001 CR2007-134177-001 CR2007-136285-001 CR2007-102071-001 CR2002-099360 DT DT SE DT DEPARTMENT B DECISION ORDER This matter came on for conference on January 5, 2010, before Presiding Judge Patricia K. Norris and Judges Daniel A. Barker and Peter B. Swann participating. The State contends this court lacks jurisdiction over this consolidated appeal and accordingly requests dismissal. We also have an independent duty to determine whether this court has jurisdiction. Sorensen v. Farmers Ins. Co., 191 Ariz. 464, 465, 957 P.2d 1007, 1008 (App. 1997). The signed judgments entered on March 11, 2008; March 25, 2008; May 6, 2008; May 13, 2008; and June 3, 2008 were appealable orders, and the last days for filing timely appeals from the judgments were respectively April 10, 2008; April 24, 2008; June 5, 2008; June 12, 2008; and July 3, 2008. The motions for reconsideration filed by appellants on September 9, 2008 and October 30, 2008 did not extend the time for filing appeals from the judgments. Thus, the notices of appeal filed on December 16, 2008 and February 3, 2009 were untimely. An order denying a motion for reconsideration is not appealable unless the motion meets certain requirements that are not met here. See Arvizu v. Fernandez, 183 Ariz. 224, 226-27, 902 P.2d 830, 832-33 (App. 1995); Matter of Balcomb s Estate, 114 Ariz. 519, 522, 562 P.2d 399, 402 (App. 1977); Cf. Lopez-Hudson v. Schneider, 188 Ariz. 407, 409-10, 937 P.2d 329, 331-32 (App. 1996) (untimely motion for new trial could be treated as one for relief from judgment making it appealable if motion set forth basis recognized by Rule 60(c)). Therefore, IT IS ORDERED dismissing this consolidated appeal for lack of jurisdiction. DATED this _____ day of __________, 2010. /S/ ___________________________________ PETER B. SWANN, Judge 2

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